Sunday 15 July 2012 12.04 EDT
First published on Sunday 15 July 2012 12.04 EDT

A district judge has given the go-ahead to a private prosecution against two Metropolitan police officers alleged to have kidnapped a man and threatened unlawful violence when they arrested him at his home, the Guardian has learned.

Sergeant Gareth Blackburn and Detective Constable Stephen MacDonald have been summoned to appear in court next month. The issuing of a summons by a district judge against police officers is believed to be rare.

Michael Doherty, 40, a former aircraft engineer, claims police unlawfully entered his home in West Drayton, Middlesex, on 4 September 2008 and forcibly removed him.

He had complained to police about an alleged crime, setting off a chain of events that led to his arrest. He was subsequently cleared of two charges of harassment.

According to the summons, the two officers allegedly threatened to "smash down a glass-panelled door which the homeowner was holding closed". The statement of offence continues: "You threatened and used a battering ram to support your threat of violence. The occupants were caused fear for their personal safety."

The officers face charges of affray, burglary, aggravated burglary, misconduct in public office, kidnap and false imprisonment. The statement of offence alleges that during the arrest the officers were trespassers who refused to leave Doherty's home and attempted to inflict grievous bodily harm against him.

Both officers are alleged to have carried Doherty away "when you had no lawful authority to do so. There was no consent from the victim and you used unlawful violence to carry out this kidnap."

The summons was issued by the district judge Deborah Wright at Uxbridge magistrates court in west London last week. The officers are scheduled to appear at Westminster magistrates court next month where Doherty hopes the case will be sent for jury trial at a crown court, because the alleged offences carry penalties more severe than those a magistrate has the power to hand down.

The Metropolitan police opposed the granting of the summons. The officers are believed to be on full duties.

Usually criminal cases in England and Wales are brought by the Crown Prosecution Service. The right to bring private prosecutions is granted by section 6(1) of the Prosecution of Offences Act 1985. The director of public prosecutions can seek to take over a private prosecution to continue to pursue charges or to stop a case.